Terms of Service
PLEASE READ THE FOLLOWING TERMS CAREFULLY - YOU MUST AGREE TO THESE TERMS
OF USE BEFORE REGISTERING FOR YOUR EMAIL ACCOUNT OR ACCESSING THE
goWebtop™ SERVICES.
1. Acceptance of Terms
Laszlo provides its service to you, subject to the following terms (the
"Agreement"). Laszlo may revise these terms at any time without notice
to you. You agree to be bound by any such revisions and should visit
this page periodically to review the current terms.
2. Description of Service
Laszlo provides users with a web-based email application, and may include
other web-based applications that Laszlo may choose to make generally
available, (collectively, the "Service" or "goWebtop") for evaluation and
review purposes only. You may not copy, distribute, sell, trade, resell,
or otherwise exploit any portion of or access to the Service, including
your user id, for commercial purposes. You understand and agree that the
Service may include certain communications from Laszlo, such as
announcements and requests for Feedback, that you will not be able to opt
out of. You also understand and agree that the Service may be a beta or
pre-release version which can contain flaws. Further, you understand and
agree that, regardless of the version, Laszlo is providing the Service on
an "AS IS" and "AS AVAILABLE" basis only. Laszlo disclaims any and all
responsibility and liability for the availability of, security of,
reliability of, timeliness of, deletion of, mis-delivery of, or failure
to store any user email messages or settings. Laszlo also reserves the
right to terminate, suspend, or modify the Service with or without notice
at any time and without any liability to you.
3. User's Obligations
You must provide correct and current information about yourself during
the registration process and update such information to keep it correct
and current. To update your information please send an email to
customerservice@laszlosystems.com
outlining your requested changes and Laszlo will update your record
directly. You must be at least 13 years of age to use this Service. You
are responsible for the security of your password and are responsible for
all activities that occur thereunder. You agree to notify Laszlo
immediately of any unauthorized use of your password or account or any
other breach of security by sending an email to
legal@laszlosystems.com.
You agree not to use the Service for any unlawful or inappropriate
actions or purposes, including (without limitation) using the Service to
spam, harass, transmit content that infringes upon other's intellectual
property rights, send viruses, or for any other action or purpose that
Laszlo, in its sole discretion, deems inappropriate or illegal. Laszlo
reserves the right, but shall have no obligation, to investigate your use
of the Service to determine whether a violation of this Agreement has
occurred and/or to comply with any applicable law, regulation, legal
process, or governmental request
4. Content of Service
You acknowledge and agree that you are responsible for all content
transmitted by you. Laszlo has no obligation to monitor the content
posted via the Service, and as such, does not take any responsibility for
third party content (including, without limitation, any offensive or
indecent images or text, or potentially damaging materials, such as
viruses or worms) delivered to you. Laszlo does reserve the right to
access, read, preserve, and disclose any information it reasonably
believes is necessary to (a) comply with any legal process or
governmental request; (b) enforce this Agreement (including any
investigation of potential violations); (c) respond to claims of any
violations of third party rights; (d) respond to user support requests;
(e) detect, prevent, or otherwise prevent fraud, security, or technical
issues (including, without limitation, the filtering of spam); or (f)
protect the rights, property, or safety of Laszlo, its users, and the
public.
5. Storage Limits and General Policies
You acknowledge and agree that Laszlo may establish general practices and
limits concerning the use of the Service, including without limitation
the maximum size or number of email messages or other content that may be
stored by the Service. Laszlo reserves the right to modify these general
practices and limits from time to time.
6. Proprietary Rights
You acknowledge and agree that Laszlo and its suppliers own all right,
title, and interest, including without limitation, all intellectual
property rights, in and to the Service, the software associated with the
Service, and the content displayed on this web site. Accordingly, you
agree that you will not copy, reproduce, alter, modify, or create
derivative works of the Service, the software associated with the
Service, and the contents of the web site. Laszlo does not claim
ownership in any of the content that you upload, transmit, or store in
your email account.
7. Feedback
We welcome comments from you related to the performance and usability of
the Service, including bug reports, flaws, test results, and any
suggested improvements to the Service provided by you to Laszlo
(collectively, "Feedback"). Laszlo specifically requests that you
provide Feedback regarding your use of the beta or pre-release version of
the goWebtop Service. You understand and agree that the Service may
include requests for Feedback, which you will not be able to opt out of.
The parties agree that all oral or written Feedback provided by you to
Laszlo shall be considered the property of Laszlo and may be used by
Laszlo for any purpose. You agree to keep all Feedback confidential
pursuant to Section 8 below.
8. Confidentiality
You acknowledge that the goWebtop Service and Feedback are proprietary
and confidential to Laszlo. You agree not disclose any of the Service or
Feedback to any third parties and to maintain, with at least a reasonable
standard of care, the confidentiality of the Service and Feedback in
perpetuity. If you become aware of any unauthorized licensing, copying,
or use of the goWebtop Service or Feedback you shall promptly notify
Laszlo at
legal@laszlosystems.com.
9. Privacy
As a condition to using the Service, you agree to the terms of the Laszlo
Privacy Policy as it may be updated from time to time. For more
information, see our full privacy policy at
http://www.laszlosystems.com.
10. Indemnification
You agree to hold harmless and indemnify Laszlo, and its subsidiaries,
affiliates, officers, agents, employees, and other partners from and
against any third party claims or demands arising from or relating to
your use of the Service, including any and all claims, liabilities,
expenses, losses, damages (actual and consequential), costs, and
attorneys. fees.
11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. LASZLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. LASZLO MAKES NO REPRESENTATION OR WARRANTY THAT (A)
THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OR
INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. LASZLO MAKES NO REPRESENTATIONS OR WARRANTY ABOUT ANY
GOODS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
LASZLO SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED
HEREIN.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LASZLO SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT
OR SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE
SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF LASZLO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT
LASZLO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SERVICE.
LASZLO WILL NOT BE RESPONSIBLE OR LIABLE FOR THE EXERCISE OR NON-EXERCISE
OF ITS RIGHTS UNDER THIS AGREEMENT.
13. Termination
Laszlo reserves the right to terminate this Agreement and a user's
account at any time for any or no reason with or without notice to a
user. You may terminate this Agreement at any time, by sending an email
to
legal@laszlosystems.com.
Sections 3, 4, 6 and 8-14 shall survive termination.
14. General Information
This Agreement constitutes the entire agreement between you and Laszlo
with respect to the Service and supercedes any prior or contemporaneous
communication or agreement, whether oral or written. This Agreement
shall be governed by the laws of the State of California, excluding its
conflict of laws provisions that would require the application of the
laws of a different jurisdiction. The parties hereby submit to the
personal jurisdiction of the state and federal courts in San Mateo
County, California for the settlement or litigation of any dispute,
controversy, or claim arising out of this Agreement, or the breach
thereof. If any provision of this Agreement is held unenforceable, such
provision will be deemed modified so as to be valid and enforceable to
the greatest extent possible under applicable law, and the remainder
shall continue in full force and effect. The failure of either party to
enforce any provision of this Agreement shall not constitute a waiver of
that right or future enforcement of that or any other provision. You
agree that regardless of any statute or law to the contrary, any claim or
cause of action that you may have with respect to the Service must be
filed within one year after such claim or cause of action arose or be
forever barred. Laszlo may assign its rights and duties under this
Agreement at any time to any party without notice to you.
If you have any questions concerning these terms and conditions,
please email us at
legal@laszlosystems.com or
write: Laszlo Systems, Inc., 2600 Campus Drive, Suite 200, San Mateo, CA
94403, Attention: Legal Department.